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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 61

Definitions

    (1)     In this Part—

"authority" means an authority issued under section 65;

"cannabis" means a plant or any part of a plant of the genus Cannabis L , whether fresh or dried;

S. 61(1) def. of inspector amended by No. 37/2014 s. 10(Sch. item 47.21).

"inspector" means—

        (a)     a person authorised as an inspector under section 69E; or

        (b)     a police officer;

"low-THC cannabis" means cannabis, the leaves and flowering heads of which do not contain more than 0·35 per cent of tetrahydrocannabinol;

S. 61(1) def. of Secretary substituted by No. 56/2003 s. 11(Sch. item 7.1), amended by No. 70/2013 s. 4(Sch. 2 item 12).

"Secretary" means the Secretary to the Department of Environment and Primary Industries;


S. 61(1) def. of serious offence substituted by No. 40/2019 s. 7.

"serious offence" means—

        (a)     an indictable offence involving dishonesty, fraud or assault; or

        (b)     an indictable offence involving possession, or cultivation of, or trafficking in, a drug of dependence; or

        (c)     any other indictable offence under this Act; or

        (d)     an indictable offence under the law of another jurisdiction involving—

              (i)     dishonesty, fraud or assault; or

              (ii)     possession, or cultivation of, or trafficking in, a drug of dependence.

    (2)     For the purposes of section 64, a person is an associate of an applicant for an authority if the person—

        (a)     holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the applicant to which the authority relates, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of the business to which the authority relates; or

        (b)     holds or will hold any relevant position, whether in right of the person or on behalf of any other person in the business of the applicant to which the authority relates; or

        (c)     is a relative of the applicant.

    (3)     In subsection (2)—

"relative" means spouse (including de facto spouse), parent, child or sibling (whether of the full or half blood);

"relevant financial interest", in relation to a business, means—

        (a)     any share in the capital of the business; or

        (b)     any entitlement to receive any income derived from the business;

"relevant position", in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated;

"relevant power" means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

        (a)     to participate in any directorial, managerial or executive decision; or

        (b)     to elect or appoint any person to any relevant position.

S. 61A inserted by No. 20/2016 s. 118, repealed by No. 34/2019 s. 20.

    *     *     *     *     *

New s. 62 inserted by No. 54/1997 s. 5.



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